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EPID:L-2020-LLE-0223, Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b (Approved, Closed) |
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MONTHYEARRS-20-144, Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b2020-11-23023 November 2020 Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b Project stage: Request RS-20-152, Supplemental Information Regarding Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b2020-12-0707 December 2020 Supplemental Information Regarding Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b Project stage: Supplement ML20346A0142020-12-18018 December 2020 Temporary Exemption from Biennial Emergency Preparedness Exercise Frequency Requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b (EPID-L-2020-LLE-0223 (COVID-19)) Project stage: Approval 2020-12-18
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Category:Exemption from NRC Requirements
MONTHYEARML23354A2902024-01-0505 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0028 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) RS-23-103, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-10-13013 October 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML22060A2622022-03-0808 March 2022 FRN - Notice of Issuance of COVID-19 Exemptions Issued in February 2022 ML22042A0762022-02-15015 February 2022 Exemption from Specific Requirements of 10 CFR Part 26 (EPID L-2022-LLE-0008 (COVID-19)) ML22041A4512022-02-10010 February 2022 Incoming Request-La Salle-Constellation Energy, COVID-19 Related Request for Exemption from Part 26 Work Hours Requirements ML21060B5492021-03-16016 March 2021 Federal Register Notice, Exemption from Part 26 Requirements for Pre-Access Drug and Alcohol Testing (EPID-L-2021-LLE-0011) ML21053A0012021-02-22022 February 2021 Approval of Exemption from Certain Requirements of 10 CFR Part 26, Fitness for Duty Programs (EPID L-2021-LLE-0011 (COVID-19)) RS-21-026, Request for Exemption from Pre-Access Drug and Alcohol Testing Requirements in 10 CFR 26.652021-02-20020 February 2021 Request for Exemption from Pre-Access Drug and Alcohol Testing Requirements in 10 CFR 26.65 ML21025A2942021-02-0202 February 2021 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2021-LLE-0004 (COVID-19)) RS-21-011, Subsequent Request for Exemption from Part 26 Work Hours Requirements2021-01-22022 January 2021 Subsequent Request for Exemption from Part 26 Work Hours Requirements ML20346A0142020-12-18018 December 2020 Temporary Exemption from Biennial Emergency Preparedness Exercise Frequency Requirements of 10 CFR Part 50, Appendix E, Section IV.F.2.b (EPID-L-2020-LLE-0223 (COVID-19)) ML20324A1042020-12-0909 December 2020 Exemption from Annual Force-on-Force Exercise Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Subsection VI.C.3(l)(1) (EPID L-2020-LLE-0191 (COVID-19)) ML20330A3262020-12-0101 December 2020 Exemption from Select Requirements of 10 CFR Part 26 (EPID L-2020-LLE-0217 (COVID-19)) ML20329A3012020-11-24024 November 2020 Incoming Request-La Salle-Exelon Generation Co., LLC RS-20-144, Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b2020-11-23023 November 2020 Request for Exemption from the Biennial Emergency Preparedness Exercise Requirements in 10 CFR 50, Appendix E, IV.F.2.b NMP1L3362, Request for an Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding 2020 Annual Force-on-Force (FOF) Exercises Due to COVID- 19 Public Health Emergency2020-11-13013 November 2020 Request for an Exemption from 10 CFR 73, Appendix B, Section VI, Subsection C.3.(I)(1) Regarding 2020 Annual Force-on-Force (FOF) Exercises Due to COVID- 19 Public Health Emergency ML20243A0002020-09-23023 September 2020 FRN - Notice of Issuance of Multiple Exemptions Regarding Various Parts of 10 CFR Due to COVID-19 Impacts for August 2020 ML20203M2332020-08-0303 August 2020 Temporary Exemption Request from Certain Requirements of 10 CFR Part 73, Appendix B, General Criteria for Security Personnel, Section VI (EPID L-2020-LLE-0116) (COVID-19) ML0614302462006-06-27027 June 2006 TMI and Zion - Exemption from the Requirements of 10 CFR 50.54(a)(3) Re Submittal of Changes to Quality Assurance Topical Report ML0233805992002-11-25025 November 2002 Exemption Request from the Requirements of 10 CFR 50.36(c)(1) 2024-01-05
[Table view] Category:Letter
MONTHYEARIR 05000373/20230042024-01-24024 January 2024 County Station - Integrated Inspection Report 05000373/2023004 and 05000374/2023004 ML24024A1332024-01-24024 January 2024 Confirmation of Initial License Examination IR 05000373/20230122024-01-18018 January 2024 County Station - Biennial Problem Identification and Resolution Inspection Report 05000373/2023012 and 05000374/2023012 ML23354A2902024-01-0505 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0028 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23360A6082023-12-27027 December 2023 County Station Request for Information for NRC Commercial Grade Dedication Inspection: Inspection Report 05000373/2024010 and 05000374/2024010 ML23278A1292023-12-14014 December 2023 Units 1 & 2; Limerick, Units 1 & 2; Nine Mile Point, Units 1 & 2; and Peach Bottom, Units 2 & 3 -Revision to Approved Alternatives to Use Boiling Water Reactor Vessel and Internals Project Guidelines ML23305A1402023-12-13013 December 2023 Units 1 & 2; Nine Mile Point, Unit 2; Peach Bottom, Units 2 & 3; and Quad Cities, Units 1 and 2 - Issuance of Amendments to Adopt Traveler TSTF-580 ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums RS-23-120, Supplemental Information Letter for Part 73 Exemption Request - Responses to Request for Confirmatory Information2023-11-10010 November 2023 Supplemental Information Letter for Part 73 Exemption Request - Responses to Request for Confirmatory Information IR 05000373/20230032023-11-0909 November 2023 County Station Integrated Inspection Report 05000373/2023003, 05000374/2023003, and 07200070/2023001 ML23286A2602023-11-0808 November 2023 Issuance of Amendment Nos. 260 and 245 to Renewed Facility Operating Licenses Relocation of Pressure and Temperature Limit Curves to the Pressure Temperature Report IR 05000373/20234012023-11-0707 November 2023 County Station Security Baseline Inspection Report 05000373/2023401 and 05000374/2023401 RS-23-103, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-10-13013 October 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation RS-23-097, Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans2023-10-12012 October 2023 Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans IR 05000374/20230102023-10-11011 October 2023 NRC Inspection Report 05000374/2023010 IR 05000373/20233012023-09-15015 September 2023 Errata to NRC Initial License Examination Report 05000373/2023301; 05000374/2023301 RS-23-080, Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs2023-08-30030 August 2023 Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs RS-23-087, Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor2023-08-0404 August 2023 Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor ML23212A9012023-08-0303 August 2023 Regulatory Audit Report to Support the Review of the Amendments to Relocation of the Pressure Temperature Limit Curves to the Pressure and Temperature Limits Report IR 05000373/20230022023-08-0101 August 2023 County Station - Integrated Inspection Report 05000373/2023002 and 05000374/2023002 ML23208A3182023-07-27027 July 2023 Notification of an NRC Biennial Licensed Operator Requalification Program Inspection and RFI RS-23-084, Response to Request for Additional Information Regarding the Application to Revise Design Basis to Allow Use of Plastic Section Properties in Lower Downcomer Braces Analysis2023-07-24024 July 2023 Response to Request for Additional Information Regarding the Application to Revise Design Basis to Allow Use of Plastic Section Properties in Lower Downcomer Braces Analysis ML23192A5272023-07-12012 July 2023 NRC Initial License Examination Report 05000373/2023301; 05000374/2023301 ML23186A2062023-07-0606 July 2023 Information Request for a NRC Post-Approval Site Inspection for License Renewal 05000374/2023010 ML23181A1502023-06-30030 June 2023 Combined Response to Request for Additional Information and Supplemental Information in Support of LAR to Relocate Pressure and Temperature Limit Curves to the Pressure and Temperature Limits Report ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III IR 05000373/20230112023-06-26026 June 2023 County Station - Quadrennial Fire Protection Team Inspection Report 05000373/2023011 and 05000374/2023011 RS-23-077, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-06-16016 June 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations ML23167A0352023-06-16016 June 2023 Registration of Use of Cask to Store Spent Fuel ML23171A9562023-06-12012 June 2023 Post Exam Ltr RS-23-042, Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling2023-05-25025 May 2023 Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling IR 05000373/20230012023-05-10010 May 2023 County Station - Integrated Inspection Report 05000373/2023001 and 05000374/2023001 ML23123A2202023-05-0303 May 2023 Relief Request I4R-14 for Alternative Frequency to Containment Unbonded Post-Tensioning System Inservice Inspection ML23118A3472023-05-0101 May 2023 County, 1 & 2; Nine Mile Point, 2; and Quad Cities, 1 & 2 - Correction of Amendment No. 193 Adoption of TSTF-306, Revision 2, Add Action to LCO 3.3.6.1 to Give Option to Isolate the Penetration EPID L-2022-LLA-0143 ML23121A1612023-05-0101 May 2023 Information Meeting (Open House) with a Question-and-Answer Session to Discuss NRC 2022 End-of-Cycle Plant Performance Assessment of LaSalle County Station, Units 1 and 2 ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI ML23081A0382023-04-25025 April 2023 County, 1 & 2; Nine Mile Point, 2; and Quad Cities, 1 & 2 - Issuance of Amendments to Adopt TSTF-306, Rev. 2, Add Action to LCO 3.3.6.1 to Give Option to Isolate the Penetration ML23110A3202023-04-21021 April 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection ML23107A1822023-04-18018 April 2023 Operator Licensing Examination Approval Lasalle County Station, May 2023 RS-23-049, Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations2023-03-23023 March 2023 Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations ML23073A2182023-03-22022 March 2023 Issuance of Amendment No. 258 to Renewed Facility Operating Licenses Exigent Amendment to Revise Design Basis Related to Seismic Requirements RS-23-048, Exigent Amendment Request to Revise Design Basis Related to Seismic Requirements2023-03-0707 March 2023 Exigent Amendment Request to Revise Design Basis Related to Seismic Requirements ML23061A1632023-03-0303 March 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch 3 IR 05000373/20220062023-03-0101 March 2023 Annual Assessment Letter for LaSalle County Station, Units 1 and 2 (Report 05000373/2022006 and 05000374/2022006) RS-23-045, Constellation Energy Generation, LLC Submittal of Fitness for Duty Performance Data Reports for 2022 Per 10 CFR 26.717(c) & 10 CFR 26.2032023-02-28028 February 2023 Constellation Energy Generation, LLC Submittal of Fitness for Duty Performance Data Reports for 2022 Per 10 CFR 26.717(c) & 10 CFR 26.203 RS-23-037, Annual 10 CFR 50.46 Report of Emergency Core Cooling System Evaluation Model Changes and Errors for LaSalle County Station2023-02-22022 February 2023 Annual 10 CFR 50.46 Report of Emergency Core Cooling System Evaluation Model Changes and Errors for LaSalle County Station ML23024A1372023-02-0303 February 2023 Request for Withholding Information from Public Disclosure for LaSalle County Station, Unit Nos. 1 and 2 ML23031A1972023-01-31031 January 2023 Notification of NRC Fire Protection Team Inspection Request for Information, Inspection Report Nos. 05000373/2023011 and 05000374/2023011 IR 05000373/20220042023-01-31031 January 2023 County Station - Integrated Inspection Report 05000373/2022004 and 05000374/2022004 RS-23-003, Constellation Energy Generation, LLC, Summary of Changes to Quality Assurance Topical Report, NO-AA-10, and Decommissioning Quality Assurance Program, NO-DC-102023-01-31031 January 2023 Constellation Energy Generation, LLC, Summary of Changes to Quality Assurance Topical Report, NO-AA-10, and Decommissioning Quality Assurance Program, NO-DC-10 2024-01-05
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December 18, 2020 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO)
Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
LASALLE COUNTY STATION, UNITS 1 AND 2 - TEMPORARY EXEMPTION FROM BIENNIAL ONSITE EMERGENCY PREPAREDNESS EXERCISE FREQUENCY REQUIREMENTS OF 10 CFR PART 50, APPENDIX E, SECTION IV.F.2.B (EPID-L-2020-LLE-0223 [COVID-19])
Dear Mr. Hanson:
The U.S. Nuclear Regulatory Commission (NRC, the Commission) has approved the requested temporary exemption from specific requirements of Appendix E to Title 10 of the Code of Federal Regulations (10 CFR) Part 50,Section IV.F.2.b, for LaSalle County Station, Units 1 and 2 (LSCS). This action is in response to the Exelon Generation Company, LLC (EGC, the licensee) application dated November 23, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20328A292), as supplemented by letter dated December 7, 2020 (ADAMS Accession No. ML20342A259), that requested a one-time exemption from the requirements in 10 CFR Part 50, Appendix E, Section IV.F.2.b, to postpone conducting the calendar year (CY) 2020 biennial onsite emergency preparedness (EP) exercise until CY 2021.
EGC holds Renewed Facility Operating License Nos. NPF-11 and NPF-18 for LSCS. These licenses are subject to the rules, regulations, and orders of the Commission. LSCS consists of two boiling-water nuclear reactors located in Brookfield Township, LaSalle County, Illinois.
The requirements in 10 CFR Part 50, Appendix E, Section IV.F.2.b, state, in part: Each licensee at each site shall conduct a subsequent exercise of its onsite emergency plan every 2 years.
On January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency (PHE) for the United States to aid the nations healthcare community in responding to the Coronavirus Disease 2019 (COVID-19). Subsequently, the Centers for Disease Control and Prevention (CDC) issued recommendations (e.g., social distancing, limiting assemblies) in an attempt to limit the spread of COVID-19.1 On March 9, 2020, the Governor of the State of Illinois declared a state of emergency due to the COVID-19 outbreak activating the disaster response and recovery aspects of the Illinois Emergency Response Plan.2 In response 1 CDC, How to Protect Yourself and Others, April 18, 2020 (ADAMS Accession No. ML20125A069),
2 https://www2.illinois.gov/sites/gov/Documents/CoronavirusDisasterProc-3-12-2020.pdf
B. Hanson to these declarations, EGC has postponed some site activities due to isolation protocols (e.g.,
social distancing, group size limitations, maximum telework, and self-quarantining) and also has considered the possibility of isolation of required station personnel to maintain necessary staffing levels.
The licensees application, as supplemented, provided the following information:
EGC cannot effectively implement an onsite EP exercise at LSCS without risk to station personnel because the exercise would require suspending the station isolation protocols.
Accordingly, EGC has determined that it needs an exemption from the biennial onsite EP exercise requirements in 10 CFR Part 50, Appendix E, Section IV.F.2.b, for LSCS, as meeting these requirements would conflict with practices recommended by the CDC to limit the spread of COVID-19.
The biennial EP exercise for LSCS was scheduled for November 17, 2020. However, the exercise requirements for certain onsite functions at LSCS were not completed. The requirements in 10 CFR Part 50, Appendix E, Section IV.F.2.c, for the biennial offsite EP exercise were completed the week of November 16, 2020.
The COVID-19 PHE continues to create special circumstances surrounding performance of the onsite emergency plan requirements in accordance with 10 CFR Part 50, Appendix E, Section IV.F.2.b, including the increase in reported COVID-19 cases in the State of Illinois along with LSCS continuing efforts to maintain the CDC guidelines regarding social distancing and isolation. These special circumstances, in the interest of personnel health and safety along with nuclear safety, preclude LSCS from having onsite participation during its biennial EP exercise. Due to insufficient time left in CY 2020 and LSCS continuing COVID-19 mitigation efforts, rescheduling of the onsite portion of the CY 2020 biennial EP exercise to meet 10 CFR Part 50, Appendix E, Section IV.F.2.b, requirements was unsuccessful.
The last biennial EP exercise was conducted on August 7, 2018. Since that exercise, LSCS has conducted a number of training drills, exercises, and other training activities that have involved actual and/or simulated interface with the onsite personnel and exercised LSCS emergency response strategies, in coordination with offsite authorities.
In addition, licensed operator training conducted dynamic scenarios evaluations.
If the exemption is granted, then the onsite activities for the CY 2020 biennial EP exercise would be rescheduled for April 13, 2021, and would be completed no later than July 7, 2021. This date of the rescheduled biennial onsite EP exercise would fall within 35 months from the month of the previously evaluated biennial EP exercise conducted on August 7, 2018.
The rescheduled biennial onsite EP exercise for LSCS has been and will continue to be coordinated with the applicable NRC Region. In addition, future biennial EP exercises (i.e., the full participation exercises) for LSCS will continue to be held in even-numbered years.
Pursuant to 10 CFR 50.12, Specific exemptions, the NRC may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 50 when (1) the exemptions are authorized by law, will not present an undue risk
B. Hanson to the public health and safety, and are consistent with the common defense and security, and (2) special circumstances are present.
The NRC staff determined that the requested exemption is permissible under the Atomic Energy Act of 1954, as amended, and that no other prohibition of law exists to preclude the activities that would be authorized by the exemption. Therefore, the NRC staff finds that the requested exemption is authorized by law.
The regulations in 10 CFR Part 50, Appendix E, Section IV.F.2.b, concern requirements for licensees to conduct biennial EP exercises at their facilities. No new accident precursors are created by allowing the licensee to postpone the biennial onsite EP exercise from CY 2020 until CY 2021. Thus, the probability and consequences of postulated accidents are not increased.
In addition, the requested exemption for a one-time change to the biennial onsite EP exercise schedule has no relation to security issues. Therefore, the NRC staff finds that the requested exemption will not present an undue risk to the public health and safety and is consistent with the common defense and security.
Special circumstances, per 10 CFR 50.12, that apply to the requested exemption include:
- a. 10 CFR 50.12(a)(2)(ii): Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule.
The regulation in 10 CFR Part 50, Appendix E, Section IV.F.2.b, requires licensees to conduct an exercise of their site emergency plan biennially. The purpose of this requirement is to ensure that the emergency organization personnel are familiar with their duties and to identify and correct any weaknesses that may exist in a licensees EP program. The licensee stated that it has conducted a number of training drills, exercises, and other training activities that have involved actual and/or simulated interface with the onsite personnel and exercised LSCS emergency response strategies, in coordination with offsite authorities. Based on the above, the NRC staff finds that the underlying purpose of this regulation is met by the licensee having conducted these preparedness activities and establishing an acceptable tentative date for the rescheduled biennial onsite EP exercise of April 13, 2021.
- b. 10 CFR 50.12(a)(2)(v): The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation.
EGC has determined that the originally scheduled exercise date does not support continued implementation of the isolation protocols to protect required LSCS personnel in response to the ongoing COVID-19 PHE. These protocols are needed to ensure that emergency response organization personnel at LSCS are isolated from COVID-19 and remain capable of executing their emergency response functions, as described in the LSCS emergency plan. If the exemption is granted, the onsite activities for the CY 2020 biennial EP exercise would be rescheduled for April 13, 2021, and would be completed no later than July 7, 2021.
Therefore, the NRC staff finds that the requested exemption to conduct the biennial onsite EP exercise in CY 2021 instead of CY 2020 would provide only temporary
B. Hanson relief from the applicable regulation and that the licensee has made good faith efforts to comply with the regulation.
Based on the above, the NRC staff finds that the special circumstances of 10 CFR 50.12(a)(2)(ii) and 10 CFR 50.12(a)(2)(v) are present.
NRC approval of the requested exemption is categorically excluded under 10 CFR 51.22(c)(25),
and there are no extraordinary circumstances present that would preclude reliance on this exclusion. The NRC staff determined, per 10 CFR 51.22(c)(25)(vi)(E), that the requirements from which the exemption is sought involve education, training, experience, qualification, requalification, or other employment suitability requirements. The NRC staff also determined that approval of this exemption involves no significant hazards consideration because it does not authorize any physical changes to the facility or any of its safety systems, change any of the assumptions or limits used in the licensees safety analyses, or introduce any new failure modes. There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite because this exemption does not affect any effluent release limits as provided in the licensees technical specifications or by the regulations in 10 CFR Part 20, Standards for Protection Against Radiation. There is no significant increase in individual or cumulative public or occupational radiation exposure because this exemption does not affect limits on the release of any radioactive material, or the limits provided in 10 CFR Part 20 for radiation exposure to workers or members of the public. There is no significant construction impact because this exemption does not involve any changes to a construction permit. There is no significant increase in the potential for or consequences from radiological accidents because the exemption does not alter any of the assumptions or limits in the licensees safety analysis. In addition, the NRC staff determined that there would be no significant impacts to biota, water resources, historic properties, cultural resources, or socioeconomic conditions in the region. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the approval of the requested exemption.
Granting the requested exemption does not impact NRC findings of reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at LSCS. In the statement of considerations for the standards to be applied when considering whether to grant exemptions (Specific Exemptions; Clarification of Standards, Final Rule, 50 FR 50764, dated December 12, 1985), the Commission stated:
While compliance with all NRC regulations provides reasonable assurance of adequate protection of the public health and safety, the converse is not correct, that failure to comply with one regulation or another is an indication of the absence of adequate protection, at least in a situation where the Commission has reviewed the noncompliance and found that it does not pose an undue risk to the public health and safety. Furthermore, the Commission has never defined the concept of defense-in-depth to preclude the granting of an exemption from a regulation as long as the applicable exemption criteria are met. In fact, the Commission has recognized that its regulations may provide for the possibility of exemptions when an appropriately high level of safety is in fact achieved and the public interest is served.
The NRC staff has determined that, in accordance with 10 CFR 50.12, the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security; and that special circumstances are present.
B. Hanson Therefore, the NRC hereby grants the licensees request for a one-time schedular exemption from the requirements for the biennial onsite EP exercise in 10 CFR Part 50, Appendix E, Section IV.F.2.b, for LSCS. This exemption expires on July 7, 2021.
If you have any questions, please contact the LSCS project manager, Bhalchandra K. Vaidya, at 301-415-3308 or Bhalchandra.Vaidya@nrc.gov.
Sincerely, Digitally signed by Caroline L. Caroline L. Carusone Date: 2020.12.18 Carusone 16:10:27 -05'00' Caroline L. Carusone, Deputy Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-373 and 50-374 cc: Listserv
ML20346A014 OFFICE NSIR/DPR/RLB NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NAME JAnderson BPurnell SRohrer (JBurkhardt for)
DATE 12/08/2020 12/10/2020 12/11/2020 OFFICE OGC - NLO NRR/DORL/LPL3/BC NRR/DORL/DD NAME JWachutkka NSalgado (RKuntz for) CCarusone DATE 12/18/2020 12/18/2020 12/18/2020